SUBSISTENCE PRICING AGREEMENT (SPA)
MANUFACTURER PRICING AGREEMENT
(MPA)
January 2015 version (1.7) SMSGMPA 1.0
Agreement Number:
Issued by:
SUBSISTENCE STRATEGIC MATERIAL SOURCING GROUP
SUBSISTENCE SUPPLIER OPERATIONS
DLA TROOP SUPPORT
700 ROBBINS AVE
PHILADELPHIA, PA 19111
Points of Contact: JoAnne Bonese (215) 737-2913 Joanne.Bonese@dla.mil, Contracting Officer
Timothy Dlugokecki(215) 737-7445, Dlugokecki, Timothy DLA CIV TROOP SUPPORT timothy.dlugokecki@dla.mil Branch Chief
Business Classification [check appropriate box (es)]:
( ) SMALL ( ) OTHER THAN SMALL ( ) DISADVANTAGED ( ) WOMAN-OWNED
MANUFACTURER / SUPPLIER INFORMATION:
Company Name / (MPA Holder Name): ______________________________________
(If Private Label, also provide name, address & POC of manufacturer below)
Division (if applicable):
Manufacturer Information Private Label Supplier Information
Name: Name:
Address: Address:
Phone Number: Phone Number:
FAX Number: FAX Number:
Company Representative: Company Representative:
Address: Address:
Phone Number: Phone Number:
FAX Number: FAX Number:
EMAIL: EMAIL:
MANUFACTURER PRICING AGREEMENT (MPA)
THIS AGREEMENT is made this ______________ day of ________________, 20_ _ by and between the___________________________________________________ (MPA Holder) and the DLA Troop Support in accordance with the following terms and conditions.
DEFINITIONS
Manufacturer: Manufacturer or Regular Dealer.
Tier, bracket, or other method of pricing: A Company’s customer pricing consistent with good commercial practice (i.e. acceptable industry-standard).
FOB Origin/Point of Manufacture: A Company’s established FOB point(s)
INTRODUCTION
The DLA Troop Support Directorate of Subsistence has established a Subsistence Prime Vendor Program for subsistence and food related items. A Subsistence Prime Vendor is a business concern that functions as a purchaser's primary source for specified classes of food and food-related products. It owns and maintains an inventory of subsistence and food related items manufactured by various suppliers which are delivered to the customer upon order. The DLA TROOP SUPPORT Directorate of Subsistence is awarding contracts to Subsistence Prime Vendors in a given geographical region. Each Subsistence Prime Vendor will be the primary supplier of food and food-related products for DLA TROOP SUPPORT authorized customers in a given geographic region and such Subsistence Prime Vendors chosen by DLA TROOP SUPPORT will furnish such authorized customers with the majority of their normal day-to-day requirements for food and food-related items.
Manufacturer Pricing Agreements are desired by the Department of Defense because they provide standard fair and reasonable fixed product prices that may be used in any DLA TROOP SUPPORT contract.
PRICING
1. (a) The MPA Holder shall submit their offered prices by SKU and Global Trade Identification Number (GTIN) if utilized, or manufacturer code for FOB Origin/Point of Manufacture. Only when the MPA Holder has published National FOB destination pricing, and such pricing is accepted by DLA TROOP SUPPORT in lieu of FOB origin pricing, may FOB Destination prices be used. When the MPA Holder has Exclusive Distributor Contracts or Central Distribution Warehouses such pricing may also be considered on a case-by-case basis in lieu of FOB Origin/Point of Manufacture pricing. The MPA price offered DLA TROOP SUPPORT is at least equal to the Company’s established tier, bracket, or other method of pricing employed for like or similar customers as DLA TROOP SUPPORT. In any event and for any or no reason, the prices offered herein may not be accepted by DLA TROOP SUPPORT. MPA Holder shall complete Attachment 1. Section C “ MPA Discount & Pricing Information Commercial Sales Practices”. All pricing submitted will comply with FAR Subpart 15.4- Contract Pricing. The government’s preference is for price submissions to comply with FAR 15.402 (a) (2) (i) established catalog or market prices. Price submissions not based on established catalog or market prices shall be cost or pricing data or information complying with but not limited to FAR 12.6, FAR 15.4, FAR 52.215-20.
(b) The MPA Holder authorizes and consents to allow the Subsistence Prime Vendor to distribute its products, as herein described, to DLA TROOP SUPPORT authorized customers at the price set forth in this MPA. The DLA TROOP SUPPORT Subsistence Prime Vendor contractor shall use the MPA price for any item in effect at the time of purchase from the MPA Holder. The MPA Holder shall not provide a National Allowance Pricing Agreement (NAPA) discount to any DLA TROOP SUPPORT Subsistence Prime Vendor contractor where use of Manufacturer Pricing Agreements are required in the DLA TROOP SUPPORT Subsistence Prime Vendor contract.
(c) The MPA Holder unit of sale individual line item approved for inclusion herein (case, box, each, etc.) represents the shipper quantity the MPA Holder agrees to sell to any DLA TROOP SUPPORT Subsistence Prime Vendor for the purpose of distribution to DLA TROOP SUPPORT authorized customers. The MPA Holder may impose minimum order quantities to the DLA TROOP SUPPORT Subsistence Prime Vendor or DLA TROOP SUPPORT authorized customer commensurate with commercial practice (i.e. acceptable industry-standard), however, not more than a pallet load minimum.
(d) The MPA Holder shall invoice the manufacturer price as listed in the “Manufacturer Pricing Agreement Product Pricing Schedule”, Attachment 1, as a separate line element on the invoice apart from transportation, marking, unitization, etc. requirements stipulated by the DLA TROOP SUPPORT Subsistence Prime Vendor or its agent ordering the product.
(e) Initial pricing at time of agreement signing and for any new products added will require submission of both the word document attachment 1, Section A and the Excel submission attachment 1, Section B. Subsequent price changes to existing MPA prices will only require the submission in Excel as specified in attachment 1, Section B. The MPA prices of items may be adjusted no more frequently than monthly. The change effective dates will be the first Monday in any given month. Adjustments will be submitted in an Excel file to the MPA Team by email to Ms. Joanne Bonese, MPA Contracting Officer: Joanne.Bonese@dla.mil no later than 15 working days exclusive of Federal Holidays days prior to its effective date. In the event of uncontrollable circumstances such as a national emergency, natural disaster, crop failure, etc. more frequent adjustments may be considered.
(f) For a period of two years following the close of the Calendar Year in which prices were offered to DLA TROOP SUPPORT for products covered by this MPA, DLA TROOP SUPPORT reserves the right to request documentation from the MPA Holder demonstrating DLA TROOP SUPPORT’s MPA price is equal to or lower than the Company’s established tier, bracket, or other method of pricing employed for like or similar customers as DLA TROOP SUPPORT. Such documentation shall include any and all factors comprising price offers that serve to make up the prices or ultimately may have an effect on the prices offered to DLA TROOP SUPPORT by the MPA Holder under this MPA. MPA Holder shall explain their Company’s pricing method (see 2.) Additional Representations and Certifications on the last page of this document and see paragraph 8 b. on page 9) in sufficient detail to allow a DoD auditor to use the statement as the framework for a MPA price audit.
(g) The MPA Holder may offer any other incentive pricing, including additional discounts for DLA TROOP SUPPORT customer purchases made at various trade shows. Any value-added services offered by the MPA Holder will be provided at no additional cost to DLA TROOP SUPPORT or its customers.
PRODUCT
2. (a) The products submitted on the MPA shall conform to the manufacturer's standard commercial specifications unless otherwise specified within the governing DLA TROOP SUPPORT Subsistence Prime Vendor contract. Packaging and packing shall be to a degree of protection to preclude damage to the contents and/or containers under normal shipping conditions and handling and which conforms to normal commercial practices. Product labeling should represent the manufacturers, or private labeler's standard commercial markings. Packaging, packing and marking shall be in conformance with all applicable laws and regulations.
(b) The MPA Holder shall deliver products exactly as ordered by the DLA TROOP SUPPORT Subsistence Prime Vendor and represented in the MPA. Unilateral substitutions by the MPA Holder are not authorized.
(c) DLA TROOP SUPPORT gives no guarantee that any quantities will be purchased under the MPA by DLA TROOP SUPPORT, the DLA TROOP SUPPORT Subsistence Prime Vendor or its authorized customers. DLA TROOP SUPPORT may issue MPAs to other firms supplying the same generic types of items. In the event that both a manufacturer and a regular dealer request MPAs for the same item(s), MPAs shall be issued to all responsible firms provided their pricing is found to be fair and reasonable and each firm is capable of supplying the proposed items. Estimated requirements are not available. The issuance of a MPA in no way binds DLA TROOP SUPPORT or the DLA TROOP SUPPORT Subsistence Prime Vendor to purchase any of the products listed in the MPA.
(d) DLA TROOP SUPPORT authorized Military customers are responsible for selecting the items (price and other factors considered). Questions regarding item selection should be directed to the individual authorized customer’s foodservice headquarters.
(e) Product code dating and shelf life requirements for the products listed on this MPA shall be consistent with good commercial business practices and standards.
(f) The MPA Holder standard commercial warranties shall apply to all commercial products listed in this MPA.
(g) National distribution and pricing is preferred. The MPA Holder may choose to offer products on a restrictive basis (limited to a designated group of customers) if economic or business process constraints prohibit national pricing or distribution. An individual MPA Holder and the items contained therein can be either national or restrictive in scope. Both types of MPAs, national and restrictive, provide the MPA Holder the option of establishing incentive pricing. Restrictive MPAs may be rejected, if in DLA TROOP SUPPORT's sole opinion, the effect would be to unfairly exclude the DLA TROOP SUPPORT Subsistence Prime Vendors or DLA TROOP SUPPORT authorized customers access to product or to fair and reasonable prices; or to prevent free and open competition among MPA Holders for the same or similar items, or for any or no reason.
MILITARY READINESS
3 (a) The primary function of all DLA TROOP SUPPORT logistic support initiatives is the maintenance of military preparedness in peacetime and war. DLA TROOP SUPPORT's Subsistence Prime Vendors have a critical role in ensuring that this absolute requirement is satisfied. The MPA Holder shares in this responsibility. The DLA TROOP SUPPORT Subsistence Prime Vendor contracts may contain clauses which obligate the DLA TROOP SUPPORT Subsistence Prime Vendor to respond to high volume, short suspense material requests in support of military "surges". Where these surge clauses are in effect, the DLA TROOP SUPPORT Subsistence Prime Vendor has been provided line item specific information regarding product identification, ordering quantities, and required delivery dates. In most instances the material quantities required to meet the military's immediate needs are far in excess of normal peacetime usage, and acceptable order ship time may be expressed in terms of hours.
[pic] (b) The DLA TROOP SUPPORT Subsistence Prime Vendor shall consult with and advise the MPA Holder when it has been determined that they represent a source for surge sensitive, readiness items. The DLA TROOP SUPPORT Subsistence Prime Vendor will notify the MPA Holder of the projected quantities involved, as well as the necessary delivery time frames, and develop mutually acceptable surge support arrangements. This coordination must take place in advance of actual surge execution in order to ensure that the requisite supply and response capabilities are firmly established. The MPA Holder shall work in concert with the DLA TROOP SUPPORT Subsistence Prime Vendor to ensure that material support plans accurately reflect the capabilities and capacities of both parties.
(c) This will include tests of these capabilities and capacities. The ultimate goal is the maximization of product availability in the quantities and time frames required by the military services. The MPA Holder who declines to enter into cooperative partnerships with any DLA TROOP SUPPORT Subsistence Prime Vendor for the expressed purpose of supporting the military's readiness requirements, or fails to respond to actual surge orders in accordance with previously established and agreed upon support parameters, may jeopardize its current market standing with the military. It is likely that military logisticians and practitioners will configure peacetime product selections to closely mirror the material support they receive under contingency conditions.
(d) The MPA Holder shall provide all reasonable cooperation when unusual requirements arise. Unusual requirements may include, for example, natural disasters, national emergencies or other situations that create a surge in requirements.
BUSINESS RELATIONSHIPS
4. (a) The DLA TROOP SUPPORT Subsistence Prime Vendor will establish a business relationship with the MPA Holder if and when the holder’s product is selected for use by the Military customer or Subsistence Prime Vendor. This relationship does not require any Military customer or DLA TROOP SUPPORT Subsistence Prime Vendor to use the MPA Holder’s MPA products. This business relationship shall be consistent with the DLA TROOP SUPPORT Subsistence Prime Vendor's good, commercial (i.e., acceptable industry-standard) business practices.
(b) The MPA Holder shall be responsible for negotiating stocking requirements with the DLA TROOP SUPPORT Subsistence Prime Vendor.
CANCELLATIONS / MODIFICATIONS
5. (a) The MPA and its prices shall remain in effect until the MPA is canceled. The MPA Holder may request changes to the MPA to delete or add products, offer price reductions and increases, or make other revisions. All other information and regulatory requirements applicable to the original MPA will apply to any change/modification. If any of the MPA Holder's responses to the required representations/certifications in the MPA change at any time after the MPA has been approved, the MPA Holder must immediately notify DLA TROOP SUPPORT of such changes. The original agreed conditions will remain in effect until approved by DLA TROOP SUPPORT.
(b) The MPA will remain in effect from the date of the joint signing of the MPA. It may be modified or cancelled at any time by mutual consent of the parties hereto or by either party by providing 30 days advance written notification to the other party. In addition, the MPA may be terminated by DLA TROOP SUPPORT immediately for causes including but not limited to, any of the following:
(i) Debarment or suspension of the MPA Holder.
(ii) Failure by the MPA Holder to agree to any deletion, amendment or addition to the MPA which is required by statute, Executive Order, the Federal Acquisition Regulation or other applicable Regulation.
(iii) DLA TROOP SUPPORT secures documentation that the MPA pricing is not the MPA Holder’s established tier, bracket, or other method of pricing employed for like or similar customers as DLA TROOP SUPPORT
(c) All modifications to this MPA shall be in writing, and shall be signed by the DLA TROOP SUPPORT Contracting Officer and the authorized representative of the MPA Holder, except for administrative modifications, which may be issued unilaterally.
(d) Unless otherwise mutually agreed to by the parties hereto and incorporated in a Modification, no deletion, cancellation, addition, revision, or partial/total termination of this MPA shall affect any order issued prior to such deletion, cancellation, addition, revision or termination. All orders issued during the effective period of this MPA shall be governed by the terms and conditions of the MPA at the time the order was issued.
(e) The DLA TROOP SUPPORT Subsistence Prime Vendor is authorized to sell off residual stocks of product that have been deleted from the MPA program. This is intended to provide the DLA TROOP SUPPORT Subsistence Prime Vendor the means to reduce inventory and to afford DLA TROOP SUPPORT authorized customers continued access to on-hand balances while they evaluate the availability of alternate equivalent items. During this period, the DLA TROOP SUPPORT Subsistence Prime Vendor price offered to the DLA TROOP SUPPORT authorized customer may not exceed the MPA price in effect at the time of the deletion. The MPA Holder shall honor the pre-existing MPA product price for inventory purchased by the DLA TROOP SUPPORT Subsistence Prime Vendor prior to the date such product was deleted from the MPA program.
DISTRIBUTION CAPABILITY
6. Check and complete as appropriate:
(a.) Distribution Zone
REGIONAL (specify States)____________________________________________
NATIONAL (includes Alaska, Hawaii, Puerto Rico)
NATIONAL (only lower 48 States)
INTERNATIONAL, Outside the Continental United States (OCONUS) (specify)______________________
(b.) Special Services*
(1 Seavan Stuffing
_____ (yes/no) The MPA Holder has the capability to stuff sea vans. If yes enter pricing data in
MANUFACTURER PRICING AGREEMENT (MPA) PRODUCT PRICING SCHEDULE, attachment 1.
(2 Special Markings
_____ (yes/no) The MPA Holder has the capability to provide special case markings. See marking description** below. If yes enter pricing data in MANUFACTURER PRICING AGREEMENT (MPA) PRODUCT PRICING SCHEDULE, attachment 1.
* This information, including the detailed information required in the attachments, will be relayed to the DLA TROOP SUPPORT Subsistence Prime Vendors for their use, to effect better planning.
** Marking Description (for reference only, this statement does not reflect the exact requirements that a DLA TROOP SUPPORT Subsistence Prime Vendor may require): For direct vendor deliveries to the OCONUS DLA TROOP SUPPORT Prime Vendor special markings are required. The requirements are subject to change and the MPA Holder is responsible to mark in accordance with the most current contractual requirements as directed by the DLA TROOP SUPPORT Subsistence Prime Vendor contractor. Special markings are normally affixed to each case with a self adhesive label, of sufficient size to be easily read, while not obscuring the product label. All products shall be identified with readable (open code dates). All products delivered will have an “open coded” (month/year) “Date of Pack” (DOP) and an “open coded” “Best When Used By Date”, Sell by Date”, date of production, date of processing/pasteurization or similar marking indicating the end of the guaranteed freshness date.”
NOTE: For all costs associated with seavan stuffing, booking, customs, special markings, etc. the MPA Holder shall make all necessary arrangements to recoup any and all costs from the DLA TROOP SUPPORT Subsistence Prime Vendor. None of the costs other than the actual FOB origin Product Price shall be reflected in the agreed “Manufacturer Price”, as listed in the Product Pricing Terms Schedule, unless authorized by the Contracting Officer.
MISCELLANEOUS
7. (a.) This MPA is for the sole, exclusive use of DLA TROOP SUPPORT and the DLA TROOP SUPPORT Subsistence Prime Vendor. Any other use of this MPA without the expressed, written consent of DLA TROOP SUPPORT is strictly prohibited and may result in termination of this MPA.
(b.) The MPA Holder shall permit DLA TROOP SUPPORT to release the contents of this MPA to any and all of the DLA TROOP SUPPORT Subsistence Prime Vendors and its authorized customers. The contents of this MPA may be disseminated by means of email.
(c.) The MPA Holder with a Web page may insert the web site here_____________________. DLA TROOP SUPPORT will establish a "hot link" between its MPA page and the MPA Holder's web page:
(d.) The MPA Holder shall subscribe to DLA TROOP SUPPORT’s third party tracking program. The third party tracking program makes available DLA TROOP SUPPORT Subsistence Prime Vendor sales data, providing visibility on all of the MPA Holder’s sales to DLA TROOP SUPPORT customers by SKU or GTIN. For this purpose DoD stock numbers will be assigned by DLA TROOP SUPPORT and provided to the MPA Holder for each MPA product SKU or GTIN. DoD stock numbers currently assigned to companies participating in the National Allowance Pricing Agreement (NAPA) program will be used for either MPA pricing or NAPA discount depending upon the Subsistence Prime Vendor (SPV) contractor application under the terms of their contract. MPA pricing and NAPA discounts will not be utilized on the same SPV contractor ordering catalog at the same time.
(e.) This MPA does not prohibit DLA TROOP SUPPORT from taking advantage of any other or additional pricing opportunities offered by the MPA Holder if that price is more favorable to DLA TROOP SUPPORT than the prices offered under this MPA.
(f.) Disputes involving prices herein negotiated will be resolved between DLA TROOP SUPPORT and the MPA Holder. Points of Contact for all issues concerning this MPA, including but not limited to dispute resolution shall be:
(1 For DLA TROOP SUPPORT:
Ms. Joanne Bonese
MPA Contracting Officer
(2 For MPA Holder:
(g.) In the event that the MPA Holder fails to perform any of the duties and responsibilities required under the MPA, prior to terminating this MPA for default, DLA TROOP SUPPORT shall issue a written notification of its intent to terminate this MPA and shall provide a period of ten calendar days within which to cure the default. If after the expiration of such ten day period, the MPA Holder has not cured the default to the satisfaction of DLA TROOP SUPPORT, then DLA TROOP SUPPORT may terminate this MPA. In the event of such termination, the MPA Holder shall be liable for any excess re-procurement costs incurred by DLA TROOP SUPPORT, other than regular product costs and regular delivery/distribution costs, as a result of the MPA Holder's Default.
(h.) This MPA contains the complete agreement of the parties hereto. There are no promises, terms, obligations, collateral agreements, reservations or understandings other than those expressly set forth herein. This MPA supersedes all previous communication, representations or agreements, either verbal or written, between the parties hereto.
(i.) All attachments shall be submitted in hard copy and electronically via email.
Representations AND CERTIFICATIONS
8. (a.) MPA Holder is required to complete the annual certifications and representations in Attachment 3 and submit with a signed copy of the MPA agreement. The certifications shall be updated annually and submitted to the DLA TROOP SUPPORT Contracting Officer.
(b.) MPA Holder shall insert in attachment 3 “Additional Representations and Certifications” the Company’s method used to establish their tier, bracket, or other method of pricing employed for like or similar customers as DLA TROOP SUPPORT. The statement shall be in sufficient detail to allow a DoD auditor to use the statement as the framework for a MPA price audit.
COMMUNICATIONS
9. All communication or correspondence relative to this signed agreement will be directed to the DLA TROOP SUPPORT MPA Contracting Officer Ms. Joanne Bonese, (215) 737-2913, Joanne.Bonese@dla.mil
DLA Troop Support
DLA TROOP SUPPORT-FTGB
Attn: Joanne Bonese
700 Robbins Ave.
Philadelphia, PA 19111-5092
Name and Title of Signer Name of DLA TROOP SUPPORT Contracting Officer
(Type or Print) (Type or Print)
Signature Signature
Date: Date:
Attachment 1, Section A
MANUFACTURER PRICING AGREEMENT (MPA)
PRODUCT PRICING
SCHEDULE
Section A
Product Description:
SKU / MFG Code:
Pack Size:
Manufacturer Price:
FOB Point (Name & Address)
Van Stuffing available ___ Yes (complete section B) ___No (complete section B)
Special Markings available ___ Yes (complete section B) ___No (complete section B)
When applicable enter NAPA number for this SKU:
Shelf Life:
Closed Code Date descriptor (if not open coded):
____________________________________________________________________________________
Product Description:
SKU / MFG Code:
Pack Size:
Manufacturer Price:
FOB Point (Name & Address)
Van Stuffing available ___ Yes (complete section B) ___No (complete section B)
Special Markings available ___ Yes (complete section B) ___No (complete section B)
When applicable enter NAPA number for this SKU:
Shelf Life:
Closed Code Date descriptor (if not open coded):
____________________________________________________________________________________
Attachment 1, Section A (continued)
Product Description:
SKU / MFG Code:
Pack Size:
Manufacturer Price:
FOB Point (Name & Address)
Van Stuffing available ___ Yes (complete section B) ___No (complete section B)
Special Markings available ___ Yes (complete section B) ___No (complete section B)
When applicable enter NAPA number for this SKU:
Shelf Life:
Closed Code Date descriptor (if not open coded):
____________________________________________________________________________________
Product Description:
SKU / MFG Code:
Pack Size:
Manufacturer Price:
FOB Point (Name & Address)
Van Stuffing available ___ Yes (complete section B) ___No (complete section B)
Special Markings available ___ Yes (complete section B) ___No (complete section B)
When applicable enter NAPA number for this SKU:
Shelf Life:
Closed Code Date descriptor (if not open coded):
____________________________________________________________________________________
Product Description:
SKU / MFG Code:
Pack Size:
Manufacturer Price:
FOB Point (Name & Address)
Van Stuffing available ___ Yes (complete section B) ___No (complete section B)
Special Markings available ___ Yes (complete section B) ___No (complete section B)
When applicable enter NAPA number for this SKU:
Shelf Life:
Closed Code Date descriptor (if not open coded):
____________________________________________________________________________________
(photo copy additional sheets as required)
Attachment 1 Section A (cont.)
The MANUFACTURER PRICING AGREEMENT PRODUCT PRICING SCHEDULE, Attachment 1 definitions:
Product Description: Description identical to product case label
SKU / MFG Code: Agreement Holders unique product code
Pack Size: Standard description of pack size, units per pack (e.g. 6/#10CNS/CS or 2/20LB/CS)
Manufacturer Price: FOB Origin/Point of Manufacturer price
CAUTION: MPA holders are strongly cautioned that the specific seavan stuffing and special marking requirements are dictated by the DLA TROOP SUPPORT contractor awardee. The MPA Holder is responsible to coordinate with the DLA TROOP SUPPORT contractor awardee for those specific requirements.
NOTES:
a. Submission of pricing and other data in Excel is also required in accordance with Attachment 1 Section B
b. Attachment 2: MANUFACTURER PRICING AGREEMENT (MPA) LOCAL STOCK NUMBER REQUEST FORM must be completed for each SKU and or GTIN when a new MPA/NAPA number will be required to be created. Products currently cataloged by DLA TROOP SUPPORT with existing NAPA numbers do not require Attachment 2 to be re-submitted.
Attachment 1, Section B)
MANUFACTURER PRICING AGREEMENT (MPA)
PRODUCT PRICING
SCHEDULE
Section B
All entries and submissions are required in Excel in the format as follows. The fields for the Excel submission cannot be changed. If they are changed the prices will not be accepted.
Prices will be effective the first Monday of the Month as a result of the DoD electronic catalog update process.
Column A: MPA Holder Number; 4 position numeric, ####
Column B: SKU; 20 position MAX alphanumeric
Column C: DoD Stock #; 13 position alphanumeric
Column D: Item Name; exactly as in assigned MPA number; 80 pos MAX alphanumeric
Column E: Packing; e.g. 6/#10cn, 60/5oz; 20 position MAX, alphanumeric
Column F: Item Expire Date; mm/dd/yyyy format; default of 12/31/9999 = not expired. This is the expiration date of your Price.
Column G: Price ($); numeric, 999,999.99 MAX
Column H: Unit of Measure; 2 position character
Column I: Foreign Source; Y or N only
Column J: National Delivered price; Y or N only
Column K: FOB Origin price; Y or N only
Column L: Minimum Order Quantity; numeric, 999,999 MAX
Column M: Net Weight; in LBs, numeric, 999,999.99 MAX
Column N: Pallet Charges ($); numeric, 999,999.99 MAX
Column O: Edge Protectors ($); numeric, 999,999.99 MAX
Column P: Shrink Wrap ($); numeric, 999,999.99 MAX
Column Q: Labeling Charges ($); numeric, 999,999.99 MAX
Column R: Miscellaneous ($); numeric, 999,999.99 MAX
Column S: Shelf Life (days); numeric, 999,999 MAX
Column T: Case Weight; in LBs, numeric, 999,999.99 MAX
Column U: Cases Per Pallet; numeric, 999,999 MAX
Column V: Cases Per Container; numeric, 999,999 MAX. Based on a 40 foot container.
Column W: Frozen, Chilled, or Dry; F or C or D only
Column X: European Union Certified?; Y or N only
Column Y MPA Effective Date : mm/dd/yyyy format ; numeric (date as specified post signature by contracting officer
Column Z: Global Trade Identification Number (GTIN) format; no spaces, the entire number including leading zeros, 20 positions, numeric
Attachment 1, Section B)
MANUFACTURER PRICING AGREEMENT (MPA)
PRODUCT PRICING
SCHEDULE
Section B-cont’d
Dollar values other than product price provided for information only to allow DLA TROOP SUPPORT contractor awardee an estimate. MPA holders are strongly cautioned that the specific seavan stuffing and special marking requirements are dictated by the DLA TROOP SUPPORT contractor awardee. The MPA Holder is responsible to coordinate with the DLA TROOP SUPPORT contractor awardee for those specific requirements.
1. National delivered price is only allowed when approved by the DLA TROOP SUPPORT MPA Contracting Officer when supported by established Company Price Lists.
2. Pallet charges are for blocking, pallet restacking, heat treated pallets, pallet manifest.
3. Labeling charges ( see marking description)
4 Miscellaneous includes picture, pallet tags, dunnage, temperature monitoring devices, paperwork, seal application
Attachment 1. Section C.
MPA Discount & Pricing Information
Commercial Sales Practices
1. Identify the Price list which is the Basis for this Offer, and attach
1 copy of the catalog(s) / price list(s) as referenced in the MPA Pricing Representation.
Manufacturer's catalog / price list dated __ ________
(List all catalogs/price lists used if more than one)
2. Commercial Sales Ratio and Sales at Catalog Prices
For each product line offered provide the following (reference FAR 2.101 “commercial item” paragraph (3)):
______ % Commercial Sales _________ % Government Sales
______ % Commercial Sales at Catalog Prices
(indicate product line, if more than one is being offered)
3. Other Discounts/Rebates
a. Do you have in effect, for any comparable category of customer, discounts and/or concessions including but not limited to the following, regardless of price list which results in lower net prices than those offered the Government?
Yes ____ No __ Rebates of any kind, including year-end or end of contract
Yes __ No _____ Cumulative discounts of any type which cover items offered
Yes ___ No _____ Other (specify) ________________________________
If the answer to any of the above is "YES" please provide detailed explanation including
the value expressed as a percentage of the list price.
b. List below the best discount, using percentages, you’ve provided to the list of concerns shown below for sales comparable to this MPA based on the price list stated above. If Not Applicable, please indicate N/A for that category.
Regular Quantity Aggregate Prompt FOB
Discount Discount Discounts Payment Point Other
National /Chain
Accounts ______ ______ _______ _______ _____ _____
Non profit
Institutions ______ ______ _______ _______ _____ _____
State, County,
or Local Gov'ts ______ ______ _______ _______ _____ _____
Other Federal/
Military ______ ______ _______ _______ _____ _____
Buying Groups ______ ______ _______ _______ _____ _____
(Specify)
Distributors ______ ______ _______ _______ _____ _____
Indicate with * commercial buyer category most comparable with MPA requirements
Attachment 2
MANUFACTURER PRICING AGREEMENT (MPA) LOCAL STOCK NUMBER REQUEST FORM
PLEASE PROVIDE THE FOLLOWING APPLICABLE INFORMATION AND ANY OTHER PERTINENT
INFORMATION FOR THE ITEM REQUESTED.
AGREEMENT HOLDER NAME: __________________________________________________________________________
MANUFACTURER NAME: _______________________________________________________________________________
APPROVED SOURCE _________________________ ESTABLISHMENT # ________________________________
FOR SEAFOOD VETCOM ___________________________USDC_______________________________________________
BRAND NAME OF PRODUCT: ____________________________________________________________________________
PLANT NAME/LOCATION ADDRESS: ______________________________________________________________
FOR EACH MANUFACTUER SKU and/ or GTIN COMPLETE THE FOLLOWING:
Note: A copy of the product case label for each sku must be submitted
MANUFACTURER SKU#: ___________________ COUNTRY OF ORIGIN: ______________________________
CHECK ONE:
___FRESH ____FROZEN ____REFRIGERATED ____SHELF STABLE ____CANNED
OTHER (please specify) _______________________________________________________________________
DESCRIPTION (brief description of product): __________________________________________________________
VARIETY/COLOR/FLAVOR: ______________________________________________________________________
GRADE OF PRODUCT: ___________________________________________________________________________
FOR MEATS:
NAMP/IMPS#: _______________ WEIGHT RANGE OR MAXIMUM WEIGHT _____________________
PROCESSING
____RAW _____PRECOOKED _____FULLY COOKED ____OTHER______________________
____BATTERED ____BREADED ____MARINATED ____SEASONED
____CUT ____CHOPPED ____DICED ____SHREDDED ____SLICED _____GROUND
PACK
____BULK ____INDIVIDUALLY WRAPPED PORTIONS
ITEM WEIGHT: ___________________ COUNT PER POUND: _______________________________________
PRODUCT SIZE: _______________________________________________________________________________
UNITS PER CASE: _______________________________________________________________________________
PACKAGING
CAN/CONTAINER SIZE: _________________________________________________________________________
CONTAINER MATERIAL (GLASS/PLASTIC/METAL): ________________________________________________
Attachment 3
52.204-8 -- Annual Representations and Certifications.
As prescribed in 4.1202, insert the following provision:
Annual Representations and Certifications (Dec 2012)
(a)
(1) The North American Industry classification System (NAICS) code for this acquisition is ____________ [insert NAICS code].
(2) The small business size standard is ____________ [insert size standard].
(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.
(b)
(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.
(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:
[_] (i) Paragraph (d) applies.
[_] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.
(c)
(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated:
(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless—
(A) The acquisition is to be made under the simplified acquisition procedures in Part 13;
(B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or
(C) The solicitation is for utility services for which rates are set by law or regulation.
(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.
(iii) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.
(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—
(A) Are not set aside for small business concerns;
(B) Exceed the simplified acquisition threshold; and
(C) Are for contracts that will be performed in the United States or its outlying areas.
(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation. This provision applies to solicitations using funds appropriated in fiscal years 2008, 2009, 2010,or 2012.
(vi) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.
(vii) 52.214-14, Place of Performance--Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government.
(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.
(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.
(A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.
(x) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.
(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.
(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.
(xiii) 52.222-38, Compliance with Veterans' Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.
(xiv) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of USDA-designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.
(xv) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA- designated items.
(xvi) 52.225-2, Buy American Act Certificate. This provision applies to solicitations containing the clause at 52.225-1.
(xvii) 52.225-4, Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225- 3.
(A) If the acquisition value is less than $25,000, the basic provision applies.
(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
(C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.
(D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.
(xviii) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5.
(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan--Certification. This provision applies to all solicitations.
(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification. This provision applies to all solicitations.
(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation. This provision applies to—
(A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions; and
(B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.
(2) The following certifications are applicable as indicated by the Contracting Officer:
[Contracting Officer check as appropriate.]
___ (i) 52.219-22, Small Disadvantaged Business Status.
___ (A) Basic.
___ (B) Alternate I.
___ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
___ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification.
___ (iv) 52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services--Certification.
___ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (Alternate I only).
___ (vi) 52.227-6, Royalty Information.
___ (A) Basic.
___ (B) Alternate I.
___ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through . After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
|FAR Clause |Title |Date |Change |
| | | | |
| | | | |
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.
52.212-3 -- Offeror Representations and Certifications -- Commercial Items.
As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications -- Commercial Items (Dec 2012)
An offeror shall complete only paragraphs (b) of this provision if the offeror has completed the annual representations and certificates electronically via . If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(a) Definitions. As used in this provision--
“Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Inverted domestic corporation,” as used in this section, means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1) FSC 5510, Lumber and Related Basic Wood Materials;
(2) Federal Supply Group (FSG) 87, Agricultural Supplies;
(3) FSG 88, Live Animals;
(4) FSG 89, Food and Related Consumables;
(5) FSC 9410, Crude Grades of Plant Materials;
(6) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) FSC 9610, Ores;
(9) FSC 9620, Minerals, Natural and Synthetic; and
(10) FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
Sensitive technology—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern --
(1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127),” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)
(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.
(2) The offeror has completed the annual representations and certifications electronically via the ORCA website accessed through . After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representation and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ____________. [Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on ORCA.]
(c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern.
(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purposes, that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror prepresents that—
(i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.]. The offeror represents that it [_] is, a women-owned business concern.
(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:
___________________________________________
(10) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting, and the offeror desires a benefit based on its disadvantaged status.]
(i) General. The offeror represents that either—
(A) It [_] is, [_] is not certified by the Small Business Administration as a small disadvantaged business concern and identified, on the date of this representation, as a certified small disadvantaged business concern in the CCR Dynamic Small Business Search database maintained by the Small Business Administration , and that no material change in disadvantaged ownership and control has occurred since its certification, and, where the concern is owned by one or more individuals claiming disadvantaged status, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It [_] has, [_] has not submitted a completed application to the Small Business Administration or a Private Certifier to be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B, and a decision on that application is pending, and that no material change in disadvantaged ownership and control has occurred since its application was submitted.
(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(10)(i) of this provision is accurate for the small disadvantaged business concern that is participating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ________________.]
(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that--
(i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and
(ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(11)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246 --
(1) Previous contracts and compliance. The offeror represents that --
(i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It [_] has, [_] has not, filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that --
(i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or
(ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American Act – Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act—Supplies.”
(2) Foreign End Products:
|LINE ITEM NO. |COUNTRY OF ORIGIN |
| | |
| | |
| | |
[List as necessary]
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g)
(1) Buy American Act -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act--Free Trade Agreements--Israeli Trade Act.”
(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanina, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
|LINE ITEM NO. |COUNTRY OF ORIGIN |
| | |
| | |
| | |
[List as necessary]
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
Other Foreign End Products:
|LINE ITEM NO. |COUNTRY OF ORIGIN |
| | |
| | |
| | |
[List as necessary]
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(2) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:
Canadian End Products:
Line Item No.:
___________________________________________
[List as necessary]
(3) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled ``Buy American Act--Free Trade Agreements--Israeli Trade Act'':
Canadian or Israeli End Products:
|Line Item No.: |Country of Origin: |
| | |
| | |
| | |
[List as necessary]
(4) Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act—Free Trade Agreements—Israeli Trade Act”:
Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:
|Line Item No.: |Country of Origin: |
| | |
| | |
| | |
[List as necessary]
(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled “Trade Agreements.”
(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
Other End Products
|Line Item No.: |Country of Origin: |
| | |
| | |
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[List as necessary]
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.
(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals--
(1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(2) [_] Have, [_] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and
(3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and
(4) [_] Have, [_] have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(i) Taxes are considered delinquent if both of the following criteria apply:
(A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii) Examples.
(A) The taxpayer has received a statutory notice of deficiency, under I.R.C. §6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights.
(B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. §6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. §362 (the Bankruptcy Code).
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]
(1) Listed End Product
|Listed End Product: |Listed Countries of Origin: |
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(2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.]
[_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.
[_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor.
(j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2) [_] Outside the United States.
(k) Certificates regarding exemptions from the application of the Service Contract Act. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
(1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that—
(i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that—
(i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.
(3) If paragraph (k)(1) or (k)(2) of this clause applies—
(i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.)
(1) All offerors must submit the information required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS).
(2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror’s relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror’s TIN.]
(3) Taxpayer Identification Number (TIN).
[_] TIN:_____________________.
[_] TIN has been applied for.
[_] TIN is not required because:
[_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States;
[_] Offeror is an agency or instrumentality of a foreign government;
[_] Offeror is an agency or instrumentality of the Federal Government;
(4) Type of organization.
[_] Sole proprietorship;
[_] Partnership;
[_] Corporate entity (not tax-exempt);
[_] Corporate entity (tax-exempt);
[_] Government entity (Federal, State, or local);
[_] Foreign government;
[_] International organization per 26 CFR 1.6049-4;
[_] Other ____________________.
(5) Common parent.
[_] Offeror is not owned or controlled by a common parent:
[_] Name and TIN of common parent:
Name ____________________________________
TIN ______________________________________
(m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
(n) Prohibition on Contracting with Inverted Domestic Corporations—
(1) Relation to Internal Revenue Code. An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code 25 U.S.C. 7874.
(2) Representation. By submission of its offer, the offeror represents that—
(i) It is not an inverted domestic corporation; and
(ii) It is not a subsidiary of an inverted domestic corporation.
(o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran.
(1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@.
(2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror—
(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;
(ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and
(iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at ).
(3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if—
(i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and
(ii) The offeror has certified that all the offered products to be supplied are designated country end products.
(End of Provision)
Alternate I (Apr 2011). As prescribed in 12.301(b)(2), add the following paragraph (c)(12) to the basic provision:
(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(10) of this provision.)
[The offeror shall check the category in which its ownership falls]:
____ Black American.
___ Hispanic American.
___ Native American (American Indians, Eskimos, Aleuts, or Native Hawaiians).
___ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory or the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
___ Subcontinent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).
___ Individual/concern, other than one of the preceding.
Alternate II (Jan2012). As prescribed in 12.301(b)(2), add the following paragraph (c)(10)(iii) to the basic provision:
(iii) Address. The offeror represents that its address [_]is, [_] is not in a region for which a small disadvantaged business procurement mechanism is authorized and its address has not changed since its certification as a small disadvantaged business concern or submission of its application for certification. The list of authorized small disadvantaged business procurement mechanisms and regions is posted at . The offeror shall use the list in effect on the date of this solicitation. “Address,” as used in this provision, means the address of the offeror as listed on the Small Business Administration’s register of small disadvantaged business concerns or the address on the completed application that the concern has submitted to the Small Business Administration or a Private Certifier in accordance with 13 CFR part 124, subpart B. For joint ventures, “address” refers to the address of the small disadvantaged business concern that is participating in the joint venture.
10.) ADDITIONAL REPRESENTATIONS AND CERTIFICATIONS
(Use this section to document the Company’s pricing method. See paragraphs
1 (f.) page 3 and 8 (b.) page 9).
Note: The following is guidance on completing the above: Additional Representations and Certifications.
Procedures:
a.) Catalog Priced MPAs
Proposed MPA Pricing Based on Catalog Prices
1. Manufacturer Catalog pricing in compliance with FAR 15.402 (established catalog prices-market prices) will be accepted.
Additional Representations and Certifications, MPA pricing representation 1. (f), page 3.
The Big Food Company’s (BFC) pricing method used to set the MPA prices, is to place the DLA Troop Support Subsistence Prime Vendor Program purchases, key issue (1 ) in the Big Food Company’s Bracket 1 used for all BFC National Accounts (current accounts include IHOP, KFC, Wendy’s, etc.). The Big Food Company, key issue (2) is offering DLA Troop Support FOB Origin pricing as listed on the key issue (3), “BFC National Account Price List” , key issue (4) (attached). Key issue (5), DLA Troop Support is charged the same price as those National Accounts, key issue (6), including the same discounts and rebates afforded those accounts. Key issue (7), The pricing is determined and records maintained at the corporate office at 100 Industrial Parkway, Smallville, OK. BFC’s price list is updated as needed giving its commercial customer 30 days notice of price changes key issue (8), allowing BFC to comply with the MPA price changes criteria in paragraph 1. (e), page 3.
Key Issues that must be addressed:
• 1. The Company’s method described in reference to its standard commercial price list or pricing.
• 2. State that pricing is FOB Origin (delivered by exception only)
• 3. State “exact” name of commercial price list from which the MPA price is quoted or deviated, and how it’s deviated.
• 4. The commercial price list must be attached. If you state that your company doesn’t publish price lists and calculates military MPA pricing a complete copy of that file must be named and attached.
• 5. State that DLA Troop Support price charged will be as represented.
• 6. State that DLA Troop Support is afforded the same discounts and rebates as other commercial for same bracket as represented.
• 7. This is the address of record where DLA Troop Support’s price audit request will be sent in the future.
• 8. State the company will comply with the price changes criteria.
b.) Competitive Priced MPAs
Proposed MPA Pricing “Not” Based on Catalog Prices
When a proposed MPA holder asserts that proposed prices are not based on a catalog price, the MPA will be negotiated using competitive pricing as stipulate in Cancellations and Modifications, paragraph 5 (a) and 5 (b) page 6. If necessary under special circumstances other than use of catalog or competitive pricing and determined necessary by the MPA contracting officer the case will be forwarded to the Pricing Division to determine the most practical approach to evaluate prices. To the maximum extent practical consistent with FAR 15.403-1(b)(3) submission of cost or pricing data will not be required in these instances and price analysis techniques will be the preferred method of evaluating prices.
(1.) Manufacturer Pricing based on Competitive Pricing
DLA troop Support has determined the approval of Manufacturer Pricing Agreements (MPAs) based on limited cost data does not provide the government sufficient price protection. DLA Troop Support will discontinue the use of cost data on any MPAs previously approved, and will not enter into any new MPA agreement using cost data. Those companies who do not have established catalog prices will have their pricing approved based on competitive pricing. Prospective MPA agreement holders must agree their product pricing will be subject to approval by the DLA Troop Support, which will determine primarily through, but not limited to, the use of government pricing records whether the submitted pricing is fair and reasonable.
COMPLETE THE BELOW FILL-INS AS APPROPRIATE TO COMPANY BUSINESS:
Additional Representations and Certifications, MPA pricing representation page 3, 1. (f)
NOTE: SELECT THE APPROPRIATE STATEMENT CONCERNING CATALOG PRICING OR COMMERCIAL SALES
( ) does not have established commercial catalog pricing for its products and its standard business practice for establishing its commercial pricing is (insert Company Name)
or
( _____________________ ) (insert Company Name) does not have sufficient sales in the commercial sector for the products offered to the United States government against (______________________ ). The established commercial catalog pricing and standard business practice for establishing its commercial pricing is ___________________________.
(______________________) represents the prices offered are fair market priced. (________ ___________________) agrees its product pricing will be subject to approval by the DLA Troop Support, which will determine pricing to be fair and reasonable, primarily through, but not limited to, the use of government pricing records. _______________ accepts that the government’s fair and reasonable determination is final and any products whose pricing is not determined fair and reasonable will not be accepted by the government. If pricing is not determined fair and reasonable the SKU and or Global Trade Identification Number (GTIN) with pricing will be removed from the monthly DLA troop Support MPA OUTTURN REPORT which is sent to DLA Troop Support’s Subsistence Prime Vendor contractors. The MPA pricing offered is FOB Origin and are priced the same as for similar commercial customers represented in Attachment 1 Section C., while applying the appropriate and customary discounts and rebates for the commercial buyer category where DLA Troop Support is indicated. DLA Troop Support will be charged the MPA price. (____________________) pricing records are maintained at (insert address:___________________ , (_____________________________)
will comply with the price changes criteria in paragraph 1. (e), page 3.
When established catalog prices are not used as the basis for the MPA agreement, the pricing representation, required by paragraph 1. (f) (page 3) shall include:
1. The company’s pricing method described in reference to its standard commercial pricing.
2. Pricing is FOB origin.
3. State: “Company agrees its product pricing will be subject to approval by the DLA Troop Support, which will determine primarily through, but not limited to, the use of competitive pricing records whether the submitted pricing is fair and reasonable.”
4. State: “Company accepts that the government’s fair and reasonable determination is final and any products whose pricing is not determined fair and reasonable will not be accepted by the government and that SKU/and or GTIN with pricing will be removed from the monthly DLA Troop Support MPA OUTTURN REPORT sent to DLA Troop Support’s Subsistence Prime Vendor contractors.”
5. State the DLA Troop Support will be charged the MPA price as represented.
6. State that DLA Troop Support is afforded the same discounts and rebates as other commercial customers for the same commercial buyer category as represented.
7. State the address of record where DLA Troop Support’s audit request would be sent.
8. State the Company will comply with the price changes criterion in paragraph 1. (e), page 3.
Any changes to the certifications should be directed to the Contracting Officer listed on page 3 of the MPA.
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